We have posted previously about the importance of attending Tribunal hearings to at least try an mitigate any awards being made. If an employer fails to attend it is highly likely the Tribunal will favour the evidence of the employee and be inclined to make substantial awards as the employer was not there to show otherwise.
In this case (UD65/2013) the employee was claiming that they were Constructively Dismissed as they had to resign under duress, as there were charges of Gross Misconduct being made against them, and the threat that any future references would display this allegation.
The Tribunal awarded €123,000 to the employee in compensation which works out at close to a year and a half of pay for the employee. As there was no attendance by the employer the award was not mitigated and the Tribunal awarded the full amount.
It is important for employers, even in no win cases, to attend to at least plead their case and make a statement. it can be the difference between a nominal award and €123,000...
